A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.

Extending term of spousal maintenance

  • maggie
  • maggie's Avatar Posted by
  • Platinum Member
  • Platinum Member
27 Jan 08 #12052 by maggie
Topic started by maggie
"Fleming v Fleming
In this case the wife was awarded £1,000 a month for 4 years with no bar on an extension to this period."
How could "no extension to this period permitted" be written in to a Consent Order?
ie under the legislation it's always possible/permitted for either side to apply to vary the amount and term of maintenance payments if you can prove the current arrangements are unfair/cause undue hardship - can a Consent Order remove that right?

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
27 Jan 08 #12060 by Fiona
Reply from Fiona
My understanding is a Clean Break could be ordered after a specific period of maintenance (periodical payment) and worded along the lines no further claims may be made. This period of time would be considered by the court to be sufficient for the recipient to readjust without undue hardship to the end of financial dependence on the other party. Time-limited orders are less used when there are dependent children. They are more used when the marriage has been short and childless and one party just needs a period of time to enable them to support themselves.

In practice I think such an order makes it hard to apply for an extension, but the Courts can use their discretion when it can be shown the current arrangements are unfair/cause undue hardship. Hope that helps.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Orders from £359

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.